Starting trial while ia is pending...
swasti
(Querist) 16 December 2012
This query is : Resolved
Now, both Divorce and RCR petitions are in evidence stage. There are two IAs, one for potency test and another one for joint trial, pending on Divorce petition.
So, can court start trial in RCR before deciding the IAs filed on divorce petition? I'm asking this because,on last date, the petitioner in divorce case requested the court to start trial.
Raj Kumar Makkad
(Expert) 16 December 2012
Until both petitions are clubbed, the proceeding shall run separately vide which both applications in divorce petition shall be decided first before taking evidence whereas in another petition, the evidence shall duly be recorded.
ajay sethi
(Expert) 16 December 2012
court can start trial in RCR case . merely because your interim applications in divorce case is pending is no bar to trial proceedings in RCR case
V R SHROFF
(Expert) 16 December 2012
As these are different cases, Both trial will continue.
R.K Nanda
(Expert) 16 December 2012
yes, court can start trial in RCR.
Devajyoti Barman
(Expert) 16 December 2012
File application for merger suits and for analogous trial for both suits to avoid these complications.
Raj Kumar Makkad
(Expert) 16 December 2012
Application is already pending seeking clubbing as told by author but there is no stay against the trial of other petition.
